Annulment vs. Divorce: What’s the Difference?
An annulment is a legal process that declares a marriage invalid, as if it never happened. Once annulled, both parties’ marital status is restored to ‘single.’
A divorce, on the other hand, ends a marriage that was legally valid from the beginning.
The Legal Grounds for Annulment in Singapore
To annul a marriage, one party must prove to the court that the marriage is either void or voidable.
Void Marriages
A void marriage is considered legally invalid from the very beginning. The court's judgment of nullity simply confirms this. According to the Women’s Charter, a marriage may be void if:
- One person was already married to someone else.
- The marriage was between Muslims but registered under civil law.
- The parties are of the same gender.
- One spouse was under 18 years old and did not have a special marriage license.
- The parties are too closely related by blood.
- The solemnization failed to meet the legal requirements in Singapore.
Voidable Marriages
A voidable marriage is legally valid until a party applies for it to be nullified. The marriage will continue to exist until a court issues a judgment of nullity. A marriage may be voidable if:
- It has not been consummated due to one party's inability or a willful refusal.
- One of the parties did not consent to the marriage because of duress, mistake, or a mental disorder.
- The defendant was already pregnant by another person at the time of the marriage.
- The defendant was suffering from a transmissible venereal disease at the time of the marriage.
The Annulment Application Process & Timeline
An annulment application typically involves a two-step process:
- Filing the Writ: One spouse files a writ for a judgment of nullity, providing documents such as a statement of claim and details about any children or shared property.
- Ancillary Matters: After the court is satisfied with the grounds for annulment, ancillary matters (e.g., division of property, child custody, and maintenance) must be resolved.
For uncontested annulments, the process usually takes 4-6 months. The court will then grant a Judgment of Nullity.
Important Considerations
- Time Limits: There is no time limit to apply for an annulment if the marriage is void. However, for a voidable marriage, you must generally apply within three years, unless the grounds are for non-consummation.
- Children of the Marriage: Children born from a voidable marriage are considered legitimate. Children born from a void marriage are also considered legitimate as long as the parties believed the marriage was valid at the time it occurred.
- Court’s Right to Refuse: Even if your marriage has valid grounds for annulment, a court may refuse to grant it if it would be unjust to the other party.
- Annulment is Not a Quick Fix: It involves strict legal requirements and can be a complex process. It is not an easier or faster alternative to divorce.
Take the Next Step with Confidence
If you are considering an annulment, contact us to speak with a lawyer in a confidential setting. We will explain your options and help you decide your next steps with clarity and care.
